Bound By Nature Studio:
Terms and Conditions
Terms and Conditions
Definitions Of Terms:
By hiring Bound By Nature Studio (referred to herein as "BBN Studio"), any group, company, business, organization, or individual (referred to herein as "Client") agrees to commission BBN Studio to create and deliver visual content and agrees upon the following terms and conditions ("Terms of Service").
The services offered by BBN Studio under the Terms of Service include various imagery services ("Services"), including but not limited to creative photography, e-commerce photography, brand photography, product and commercial photography, retouching, styling, prop sourcing, graphic design, display design, video, and other forms of visual imagery and design services.
By placing an order with BBN Studio, the Client acknowledges and accepts all the terms and conditions contained within the Terms of Service agreement.
BBN Studio reserves the right to update and make changes to the Terms of Service and the Client is bound by the requirements of the most active version of Terms of Service at the time of purchase.
The services offered by BBN Studio under the Terms of Service include various imagery services ("Services"), including but not limited to creative photography, e-commerce photography, brand photography, product and commercial photography, retouching, styling, prop sourcing, graphic design, display design, video, and other forms of visual imagery and design services.
By placing an order with BBN Studio, the Client acknowledges and accepts all the terms and conditions contained within the Terms of Service agreement.
BBN Studio reserves the right to update and make changes to the Terms of Service and the Client is bound by the requirements of the most active version of Terms of Service at the time of purchase.
1. Services, Booking, & Content Delivery
1. a: BBN Studio Services:
BBN Studio imagery services ("Services") provided to the Client includes, but is not limited to, creative photography, e-commerce photography, brand photography, product and commercial photography, retouching, styling, prop sourcing, graphic design, display design, video, and other forms of visual imagery and design services. The Client acknowledges and accepts BBN Studio's minimum purchase available for Services offered is five final images.
1. b: Client Instruction
The Client may provide clear instruction as to how Services will apply to their brand. BBN Studio will follow the Client's instruction that is given during the appropriate times and not after. The appropriate time for the Client to give their instruction of Services offered by BBN Studio is prior to the consultation process, during the consultation process, and any time after the consultation process, up until the Client's scheduled and finalized photoshoot date. If the Client fails to give specific instruction to BBN Studio within this time regarding the desired results of the commissioned Services, full responsibility to determines the Services best interests will be granted to BBN Studio and any right to a reshoot will be exemplified.
1. c: BBN Studio's Booking Process
BBN Studio's Booking Process ("Booking") will be communicated with by the Client but ultimately determined by BBN Studio. The Client must schedule their Services through BBN Studio and agrees the date of the photoshoot will be determined once the product(s) are in the possession of BBN Studio. An estimated photoshoot date will be given prior to the required product(s), prop(s), or other materials required for the Client's order, being in the possession of BBN Studio but agrees the date will only be finalized once these products, props, and materials, are in the possession of BBN Studio.
The Client has the right to express their desired photoshoot date and their desired final image delivery date but agrees it is ultimately determined by BBN Studio.
1. d: Final Image/Content Delivery
BBN Studio's Final Image/Content Delivery ("Content Delivery") will be scheduled and determined by BBN Studio. The Client will receive their Content Delivery no later than the date finalized by BBN Studio and agreed upon by the Client.
Once the Client gives their final instruction during the post-production phase to BBN Studio as to which images they choose for BBN Studio to complete final edits on during the retouching process, then the final payment will be due at this time and BBN Studio will finalize the Content Delivery date once the final payment and written instruction has been received by BBN Studio. BBN Studio will not move forward with the Client's project until BBN Studio has received clear instruction from the Client determining which images to edit during the retouching process. The Client acknowledges and agrees that BBN Studio will not continue production on their project and therefore has the right to pause production until the Client gives clear written instruction on which image/content to proceed with and final payment is made to BBN Studio.
BBN Studio imagery services ("Services") provided to the Client includes, but is not limited to, creative photography, e-commerce photography, brand photography, product and commercial photography, retouching, styling, prop sourcing, graphic design, display design, video, and other forms of visual imagery and design services. The Client acknowledges and accepts BBN Studio's minimum purchase available for Services offered is five final images.
1. b: Client Instruction
The Client may provide clear instruction as to how Services will apply to their brand. BBN Studio will follow the Client's instruction that is given during the appropriate times and not after. The appropriate time for the Client to give their instruction of Services offered by BBN Studio is prior to the consultation process, during the consultation process, and any time after the consultation process, up until the Client's scheduled and finalized photoshoot date. If the Client fails to give specific instruction to BBN Studio within this time regarding the desired results of the commissioned Services, full responsibility to determines the Services best interests will be granted to BBN Studio and any right to a reshoot will be exemplified.
1. c: BBN Studio's Booking Process
BBN Studio's Booking Process ("Booking") will be communicated with by the Client but ultimately determined by BBN Studio. The Client must schedule their Services through BBN Studio and agrees the date of the photoshoot will be determined once the product(s) are in the possession of BBN Studio. An estimated photoshoot date will be given prior to the required product(s), prop(s), or other materials required for the Client's order, being in the possession of BBN Studio but agrees the date will only be finalized once these products, props, and materials, are in the possession of BBN Studio.
The Client has the right to express their desired photoshoot date and their desired final image delivery date but agrees it is ultimately determined by BBN Studio.
1. d: Final Image/Content Delivery
BBN Studio's Final Image/Content Delivery ("Content Delivery") will be scheduled and determined by BBN Studio. The Client will receive their Content Delivery no later than the date finalized by BBN Studio and agreed upon by the Client.
Once the Client gives their final instruction during the post-production phase to BBN Studio as to which images they choose for BBN Studio to complete final edits on during the retouching process, then the final payment will be due at this time and BBN Studio will finalize the Content Delivery date once the final payment and written instruction has been received by BBN Studio. BBN Studio will not move forward with the Client's project until BBN Studio has received clear instruction from the Client determining which images to edit during the retouching process. The Client acknowledges and agrees that BBN Studio will not continue production on their project and therefore has the right to pause production until the Client gives clear written instruction on which image/content to proceed with and final payment is made to BBN Studio.
1. e: The Client has the right to revisit and evaluate the remaining images from the Client's photoshoot 60 days after receiving the final Content Delivery. The opportunity to select additional desired images from the photoshoot will be granted as an additional fee to any newly selected images. In other words, the Client agrees to compensate BBN Studio for any additional selected images that goes outside of their original agreed upon Services package selection.
1. f: The Client acknowledges and agrees Content Delivery will be provided with BBN Studio's preferred method of Content Delivery.
1. g: Turn Around Times
The Client agrees that around times for Content Delivery start at 7-28 business days for standard order volumes under 25 total shots and does not apply to month-to-month contracts or large volume contracts. The Client acknowledges and agrees that some projects may take longer depending on the requirements of the project along with the volume of the project.
An estimated delivery date for the Client's project will be given with the quote for the project but will only be finalized once the products are in the possession of BBN Studio and the first payment for the Client's project has been received.
Rush delivery is available upon request, subject to BBN Studio’s discretion and capabilities. Fees apply.
These estimated times for Content Delivery are subject to change based on a number of factors, including but not limited to:
The Client agrees that around times for Content Delivery start at 7-28 business days for standard order volumes under 25 total shots and does not apply to month-to-month contracts or large volume contracts. The Client acknowledges and agrees that some projects may take longer depending on the requirements of the project along with the volume of the project.
An estimated delivery date for the Client's project will be given with the quote for the project but will only be finalized once the products are in the possession of BBN Studio and the first payment for the Client's project has been received.
Rush delivery is available upon request, subject to BBN Studio’s discretion and capabilities. Fees apply.
These estimated times for Content Delivery are subject to change based on a number of factors, including but not limited to:
1. Studio capacity at the time the product arrives at the studio.
2. When complete and clear shot direction is provided.
3. Circumstances involving forces beyond BBN Studio’s control, such as those included below:
BBN Studio is not liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation: strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes, acts of God, epidemics or pandemics, Government orders, and interruptions, loss, or malfunctions of utilities, communications, or computer (software and hardware) services.
1. h: Late Content Delivery
If Content Delivery is received late without written notice to the Client from BBN Studio after 24 hours of the Content Delivery due date, the Client may request a 5% refund on the value of the late images. This does not apply to late delivery on revisions or retouching.
1. i: Projects placed “on hold"
A project may be placed “on hold” before, during, or after production in the event that any part of the process is awaiting the Client's action and/or response. When the project is placed “on hold”, all production stops until the cause of the hold has been resolved. This may impact turnaround times, and due dates are subject to change.
Following sufficient the Client's response to remedy the issue leading to the hold, the hold will end, and production will resume its natural course. A new delivery date estimate will be provided in writing at the time that the hold is lifted.
2. Products, Props, & Styles
2. a: Products Shipped to BBN Studio
After placing an order for Services through BBN Studio, the Client is responsible for arranging shipment of the product(s) to be photographed to BBN Studio.
After placing an order for Services through BBN Studio, the Client is responsible for arranging shipment of the product(s) to be photographed to BBN Studio.
The Client cannot send, or drop off, or schedule pick-up of a product before an order is placed through BBN Studio unless granted permission from BBN Studio in writing. BBN Studio is not responsible for lost products or delays due to the Client's failure to comply with this policy.
2. b: All costs associated with shipping products to and from BBN Studio are the sole responsibility of the Client.
BBN Studio is not responsible or liable for any damage or loss that may occur to the product(s) during shipping to or from BBN Studio's address. The Client is solely responsible for sufficiently insuring all products during shipping. The Client bears the risk of damage or loss until the products are delivered to BBN Studio's address and accepted by BBN Studio. The Client warrants that the products are adequately insured against damage or loss and agrees to hold BBN Studio harmless for any such damage or loss occurring during shipment to or from BBN Studio.
2. c: Confidentiality for the Address of BBN Studio
The Client agrees that the address of BBN Studio is not shared with anyone during the time of working with BBN Studio and thereafter working with BBN Studio. The Address of BBN Studio is confidential and for the direct eyes on the Client and only the Client who has made an order with BBN Studio. The agrees not to pass this confidential information to any other individual, company, business, or organization. Any inquiries about BBN Studio that are received by the Client from a third party agrees to send them directly to BBN Studio's contact page on their website, https://boundbynaturestudio.com/contact or to BBN Studio's email, contact@boundbynaturestudio.com and nowhere else. The Address of BBN Studio may only be acquired from the official invoice received by BBN Studio to the Client.
BBN Studio is not responsible or liable for any damage or loss that may occur to the product(s) during shipping to or from BBN Studio's address. The Client is solely responsible for sufficiently insuring all products during shipping. The Client bears the risk of damage or loss until the products are delivered to BBN Studio's address and accepted by BBN Studio. The Client warrants that the products are adequately insured against damage or loss and agrees to hold BBN Studio harmless for any such damage or loss occurring during shipment to or from BBN Studio.
2. c: Confidentiality for the Address of BBN Studio
The Client agrees that the address of BBN Studio is not shared with anyone during the time of working with BBN Studio and thereafter working with BBN Studio. The Address of BBN Studio is confidential and for the direct eyes on the Client and only the Client who has made an order with BBN Studio. The agrees not to pass this confidential information to any other individual, company, business, or organization. Any inquiries about BBN Studio that are received by the Client from a third party agrees to send them directly to BBN Studio's contact page on their website, https://boundbynaturestudio.com/contact or to BBN Studio's email, contact@boundbynaturestudio.com and nowhere else. The Address of BBN Studio may only be acquired from the official invoice received by BBN Studio to the Client.
2. d: Return Shipping Products
Cost of return shipment is the sole responsibility of the Client. If a return shipping label is not included with the delivery of the product(s), BBN Studio will decide the return shipping method. No overnight shipping, couriers or pallets will be allowed without prior consent from BBN Studio and will be at the cost of the Client if requested and the responsibility of the Client to arrange such methods of shipping. If the Client needs items back quickly or in a special manner, the Client may provide a return shipping label within the delivery of products sent to BBN Studio.
Cost of return shipment is the sole responsibility of the Client. If a return shipping label is not included with the delivery of the product(s), BBN Studio will decide the return shipping method. No overnight shipping, couriers or pallets will be allowed without prior consent from BBN Studio and will be at the cost of the Client if requested and the responsibility of the Client to arrange such methods of shipping. If the Client needs items back quickly or in a special manner, the Client may provide a return shipping label within the delivery of products sent to BBN Studio.
No additional insurance beyond what the shipping company offers as standard coverage will be added when items are shipped by BBN Studio and its shipping vendors.
The Client's property of these products may not remain in BBN Studio's inventory for longer than 14 business days after original Content Delivery, unless it is agreed upon and approved by BBN Studio in writing. Without written permission for extended storage, failure to request return shipment for any reason within 14 days after Content Delivery will forfeit the return of the Client’s items, resulting in disposal according to BBN Studios discretion. The Client agrees that the Agency is not liable for the disposal of products pursuant to this policy.
2. e: Lost, Damaged, or Stolen Products
If any products arrive damaged to BBN Studio, the Client will be notified immediately via email, text, or phone call from BBN Studio. Products that experience any damage during the delivery process is not the responsibility of BBN Studio. Any products that are lost or stolen in the delivery process by the carrier is not the responsibility of BBN Studio. Products that experience damage or become lost or stolen are the responsibility of the Client and the Client acknowledges and accepts their responsibility to replace any products if they have not yet been photographed by BBN Studio and will issue new products to BBN Studio to fulfill the Service purchased through BBN Studio promptly.
If any products arrive damaged to BBN Studio, the Client will be notified immediately via email, text, or phone call from BBN Studio. Products that experience any damage during the delivery process is not the responsibility of BBN Studio. Any products that are lost or stolen in the delivery process by the carrier is not the responsibility of BBN Studio. Products that experience damage or become lost or stolen are the responsibility of the Client and the Client acknowledges and accepts their responsibility to replace any products if they have not yet been photographed by BBN Studio and will issue new products to BBN Studio to fulfill the Service purchased through BBN Studio promptly.
Once products have been checked into BBN Studio's inventory system, BBN Studio will assume possession over the products. If, due to BBN Studio’s gross negligence or intentional misconduct, an item is lost, damaged, or stolen while in possession of BBN Studio, then BBN Studio will reimburse the Client for the cost of repair or replacement of the damaged or lost product, up to $500 per calendar year. If items sent to BBN Studio exceed a value of $500 the items should be insured by the Client for any overage.
For damaged or lost products deemed irreplaceable by BBN Studio, the Client will be reimbursed for the repair or replacement cost for the product(s), as reasonably determined by and at the sole discretion of BBN Studio. Repair or replacement amounts will be distributed to the Client within 90 days of BBN Studio’s receipt of reporting the loss or damage to the Client.
Proof of value in writing will need to be provided to BBN Studio for any and all claims.
BBN Studio is not responsible or liable for any damage or loss arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes, acts of God, weather events, government orders, and interruptions, loss, or malfunctions of utilities, communications, computer (software and hardware) services, or improper structure or integrity of the item(s).
2. f: Props for Styling
If the Client desires specific props to be styled with their products, it must be stated clearly in writing to BBN Studio 14 business days prior to the finalized photoshoot date and the Client may choose to compensate BBN Studio for the purchase and retrieval of the props or provide the props to BBN Studio for photographic use. If not specified in accordance with these terms, BBN Studio has the right and responsibility of prop sourcing and has free range as to what props are used for the Client's project.
2. g: Styles, Moods, & Aesthetics
If the Client does not specify in written form to BBN Studio 14 business days prior to the finalized photoshoot date their desired style, mood, and overall aesthetic for the outcome of the content, BBN Studio has the right and responsibility to determine what will be most effective for the Client's project.
2. f: Props for Styling
If the Client desires specific props to be styled with their products, it must be stated clearly in writing to BBN Studio 14 business days prior to the finalized photoshoot date and the Client may choose to compensate BBN Studio for the purchase and retrieval of the props or provide the props to BBN Studio for photographic use. If not specified in accordance with these terms, BBN Studio has the right and responsibility of prop sourcing and has free range as to what props are used for the Client's project.
2. g: Styles, Moods, & Aesthetics
If the Client does not specify in written form to BBN Studio 14 business days prior to the finalized photoshoot date their desired style, mood, and overall aesthetic for the outcome of the content, BBN Studio has the right and responsibility to determine what will be most effective for the Client's project.
3. Reshoots & Revisions
In order for the Client to qualify for complimentary reshoots and revisions they must meet the requirements of the outlined reshoot and revision policies within sections 3. a and 3. b and the Client is required to give BBN Studio clear shot direction ("Instructions") before the finalized photoshoot date. Any Instruction is required to be legibly outlined and delivered to BBN Studio no later than 5 business days prior to the finalized photoshoot date in the form of a single pdf document.
Instructions are defined as the following:
1. Written identification of which product(s) are to be photographed
Instructions are defined as the following:
1. Written identification of which product(s) are to be photographed
2. Image reference showing how all products are to be positioned and styled.
3. Image reference for product styling and lighting to be applied to all image outcomes.
4. Image reference for what camera angle to use for all images.
5. Written notes detailing what props to use and not to use and clear statement on where to style with said props.
The following types of Instructions do not qualify as clear shot direction:
1. Verbalizing direction over the phone or in person
1. Verbalizing direction over the phone or in person
2. Providing details and reference imagery through multiple email communications
3. Any notion or assumption that BBN Studio should divert from the provided Instructions in order to improve the image in a subjective or presumed objective manner.
4. Partial Instructions that are missing any element that has been outlined under what defines clear shot direction within these Terms of Service.
5. Contradictory or misleading information (for example, if a client requests straight on but provides an angled match image), of which BBN Studio cannot reasonably assume which element should supersede the other.
If the Instructions are not delivered within 5 business days prior to the finalized photoshoot date, the Clients agrees that BBN Studio has the right and responsibility to move forward with the Client's project to the best of their ability and the Client forfeits their rights to any complimentary reshoots and revisions if Instructions are not met according to these Terms of Service.
3. a: Reshoots:
In order for the Client to qualify for a complimentary reshoot, the Client must fall within the lines of BBN Studio's Qualified Reshoot Policy. If the Client is not within the lines of this policy, then the Client will be offered a paid reshoot. Regardless of meeting the requirements of a qualified complimentary reshoot or not, BBN Studio will do its absolute best to re-schedule a secondary photoshoot as promptly as possible.
3. b: Qualified Reshoot Policy:
A complimentary reshoot may be received if the requirements for the original photoshoot were not followed with the prior agreed upon photoshoot instructions given from the Client to BBN Studio. This may include, but is not limited to, style, mood, aesthetics, image angles and perspectives, styling props, final image results, and anything requested by the Client for the Client's brand.
If the written requirements for the photoshoot, documented on the Client's invoice, is determined by BBN Studio that the Client's instruction was indeed not followed then a complimentary reshoot will be given. With that said, it is highly encouraged that photoshoot instructions are clearly discussed and documented prior to the original photoshoot date to accomplish the Client's desired project outcome.
If specific styling props are not wanted within the photographs of the Client's product, it is the Client's responsibility to define this and make it know to BBN Studio prior to the finalized photoshoot date. The opportunities to express instruction to BBN Studio will be given prior to the consultation process, during the consultation process, and any time after the consultation process, up until the Client's scheduled and finalized photoshoot date.
If there are changes to the Client's expressed instructions post-photoshoot, the changes may be made within a timeframe that works for BBN Studio, and the cost will be added to the Client's final invoice for the efforts and time of BBN Studio. The payment of the final invoice must be paid in full before or on the due date written on the Client's invoice.
In order for the Client to qualify for a complimentary reshoot, the Client must fall within the lines of BBN Studio's Qualified Reshoot Policy. If the Client is not within the lines of this policy, then the Client will be offered a paid reshoot. Regardless of meeting the requirements of a qualified complimentary reshoot or not, BBN Studio will do its absolute best to re-schedule a secondary photoshoot as promptly as possible.
3. b: Qualified Reshoot Policy:
A complimentary reshoot may be received if the requirements for the original photoshoot were not followed with the prior agreed upon photoshoot instructions given from the Client to BBN Studio. This may include, but is not limited to, style, mood, aesthetics, image angles and perspectives, styling props, final image results, and anything requested by the Client for the Client's brand.
If the written requirements for the photoshoot, documented on the Client's invoice, is determined by BBN Studio that the Client's instruction was indeed not followed then a complimentary reshoot will be given. With that said, it is highly encouraged that photoshoot instructions are clearly discussed and documented prior to the original photoshoot date to accomplish the Client's desired project outcome.
If specific styling props are not wanted within the photographs of the Client's product, it is the Client's responsibility to define this and make it know to BBN Studio prior to the finalized photoshoot date. The opportunities to express instruction to BBN Studio will be given prior to the consultation process, during the consultation process, and any time after the consultation process, up until the Client's scheduled and finalized photoshoot date.
If there are changes to the Client's expressed instructions post-photoshoot, the changes may be made within a timeframe that works for BBN Studio, and the cost will be added to the Client's final invoice for the efforts and time of BBN Studio. The payment of the final invoice must be paid in full before or on the due date written on the Client's invoice.
3. c: Revisions:
In order for the Client to qualify for complimentary revision for their imagery services, the Client must fall within the lines of BBN Studio's Qualified Revisions Policy. If the Client is not within the lines of this policy, then the Client will be offered a paid revisions option. Regardless of meeting the requirements of qualified complimentary revisions or not, BBN Studio will do its absolute best to meet any revision request.
3. d: Qualified Revisions Policy:
Revision requests are defined as alterations or corrections to the visual content created and delivered by BBN Studio to the Client. Revision requests must be fully expressed to BBN Studio within 5 business days from the Client receiving final Content Delivery in writing with notes and markups clearly identifying requested alterations. Verbal or other non-written information concerning revision requests will not be considered nor will be qualified under BBN Studio's Revisions Policy for complimentary revisions.
In the event that the Client would like alterations made after 5 business days on the Content Delivery, the Client agrees to pay for the revision requests and will receive another invoice with a required due date for payment stated on the invoice in order to receive revision requests. If revision requests are made after 5 business days from Content Delivery, BBN Studio will schedule time for the revision request that aligns with BBN Studio's timeframe.
In order for the Client to qualify for complimentary revision for their imagery services, the Client must fall within the lines of BBN Studio's Qualified Revisions Policy. If the Client is not within the lines of this policy, then the Client will be offered a paid revisions option. Regardless of meeting the requirements of qualified complimentary revisions or not, BBN Studio will do its absolute best to meet any revision request.
3. d: Qualified Revisions Policy:
Revision requests are defined as alterations or corrections to the visual content created and delivered by BBN Studio to the Client. Revision requests must be fully expressed to BBN Studio within 5 business days from the Client receiving final Content Delivery in writing with notes and markups clearly identifying requested alterations. Verbal or other non-written information concerning revision requests will not be considered nor will be qualified under BBN Studio's Revisions Policy for complimentary revisions.
In the event that the Client would like alterations made after 5 business days on the Content Delivery, the Client agrees to pay for the revision requests and will receive another invoice with a required due date for payment stated on the invoice in order to receive revision requests. If revision requests are made after 5 business days from Content Delivery, BBN Studio will schedule time for the revision request that aligns with BBN Studio's timeframe.
If the Client clearly states their revision request in writing within 5 business days of Content Delivery, BBN Studio agrees to fulfill the revision requests as long as it is within reason determined by BBN Studio and is in writing. Qualified revision requests include but is not limited to, exposure and image lighting, cropping adjustments and image sizing, removing noticeable scratches and dust within the image, and color correction.
4. Image Storage
BBN Studio uses a third-party platform to deliver and store final images and content for the Client. The Client's access to files is granted as unlimited by BBN Studio, however, are also subject to the third party’s terms outside of BBN Studio.
BBN Studio makes no claim and accepts no responsibility regarding the quality, nature or reliability of third-party storage sites. The Client is responsible for viewing and abiding by the privacy statements and terms of use of the storage site in relation to their use of the site.
BBN Studio will keep Images available for at least 60 days after Content Delivery, after which the Images may be removed or deleted at BBN Studio’s discretion. The Client agrees that it is solely responsible for the storage and management of all Images after 60 days and agrees to hold BBN Studio harmless from all claims related thereto.
5. Copyright, Usage, & Licensing
Copyright Protection Agreement
This agreement outlines the terms and conditions related to the protection of copyrighted materials. It serves to ensure that the intellectual property rights of BBN Studio and all content produced by BBN Studio are safeguarded against unauthorized use and distribution. By entering into this agreement with a purchase from BBN Studio, the Client acknowledges their responsibilities and the importance of respecting the legal rights of the Services they receive from BBN Studio. This document provides a comprehensive framework to address any potential infringements and sets forth the procedures for resolving disputes, ensuring that all copyrighted works are properly credited and compensated. It also highlights the penalties and legal repercussions for any violations, thereby promoting a fair and legal usage of intellectual property.
BBN Studio retains all copyrights to the images created under this Contract. The Client is granted a limited license to use the images as specified in the "Usage Rights" section of this Contract.
This agreement outlines the terms and conditions related to the protection of copyrighted materials. It serves to ensure that the intellectual property rights of BBN Studio and all content produced by BBN Studio are safeguarded against unauthorized use and distribution. By entering into this agreement with a purchase from BBN Studio, the Client acknowledges their responsibilities and the importance of respecting the legal rights of the Services they receive from BBN Studio. This document provides a comprehensive framework to address any potential infringements and sets forth the procedures for resolving disputes, ensuring that all copyrighted works are properly credited and compensated. It also highlights the penalties and legal repercussions for any violations, thereby promoting a fair and legal usage of intellectual property.
BBN Studio retains all copyrights to the images created under this Contract. The Client is granted a limited license to use the images as specified in the "Usage Rights" section of this Contract.
The Client agrees to the following conditions regarding copyright protection to ensure a comprehensive understanding and adherence to the rules and regulations governing intellectual property rights:
5. a: Acknowledgment of Copyright Ownership:
The Client acknowledges and respects the copyright ownership of all materials provided by BBN Studio. This includes, but is not limited to, all photography, digital files, design, video, and any related content created by BBN Studio under this Contract. The Client understands that BBN Studio retains full and exclusive rights to these materials.
5. a: Acknowledgment of Copyright Ownership:
The Client acknowledges and respects the copyright ownership of all materials provided by BBN Studio. This includes, but is not limited to, all photography, digital files, design, video, and any related content created by BBN Studio under this Contract. The Client understands that BBN Studio retains full and exclusive rights to these materials.
5. b: Permitted Uses:
The Client agrees to use the copyrighted materials solely for the purposes outlined in this agreement. This includes marketing, promotional activities, and any other uses specifically mentioned within the "Usage Rights" section. The Client is prohibited from using the images for any purposes that are not expressly permitted under this agreement.
The Client agrees to use the copyrighted materials solely for the purposes outlined in this agreement. This includes marketing, promotional activities, and any other uses specifically mentioned within the "Usage Rights" section. The Client is prohibited from using the images for any purposes that are not expressly permitted under this agreement.
5. c: Reproduction and Distribution Restrictions:
The Client will not reproduce, distribute, or create derivative works from the copyrighted materials without explicit written permission from BBN Studio. This includes, but is not limited to, making copies, selling, licensing, or otherwise transferring the images and content to third parties. The Client agrees to seek permission from BBN Studio before engaging in any activity that involves the reproduction or distribution of the images and content.
The Client will not reproduce, distribute, or create derivative works from the copyrighted materials without explicit written permission from BBN Studio. This includes, but is not limited to, making copies, selling, licensing, or otherwise transferring the images and content to third parties. The Client agrees to seek permission from BBN Studio before engaging in any activity that involves the reproduction or distribution of the images and content.
5. d: Modification and Alteration:
The Client agrees not to alter, edit, or modify the images and content in any way that misrepresents the original work. Any changes to the images and content must be approved by BBN Studio in writing. The Client understands that unauthorized modifications may compromise the integrity of the work and infringe on BBN Studio's copyright.
The Client agrees not to alter, edit, or modify the images and content in any way that misrepresents the original work. Any changes to the images and content must be approved by BBN Studio in writing. The Client understands that unauthorized modifications may compromise the integrity of the work and infringe on BBN Studio's copyright.
5. e: Attribution:
When using the images and content, the Client must provide appropriate credit to BBN Studio wherever possible. This includes mentioning BBN Studio's name in any publications, advertisements, or online platforms where the images and content created by BBN Studio are used. Proper attribution ensures that BBN Studio receives recognition for their work and helps maintain the integrity of the copyrighted material.
When using the images and content, the Client must provide appropriate credit to BBN Studio wherever possible. This includes mentioning BBN Studio's name in any publications, advertisements, or online platforms where the images and content created by BBN Studio are used. Proper attribution ensures that BBN Studio receives recognition for their work and helps maintain the integrity of the copyrighted material.
5. f: Prohibited Uses:
The Client may not use the images for resale, sublicensing, or any other commercial exploitation without BBN Studio's permission. Additionally, the Client is prohibited from using the images in any manner that could be considered defamatory, obscene, or otherwise illegal. The Client agrees to respect the moral rights of BBN Studio and to use the images in a manner that aligns with the intended purpose of the Contract.
The Client may not use the images for resale, sublicensing, or any other commercial exploitation without BBN Studio's permission. Additionally, the Client is prohibited from using the images in any manner that could be considered defamatory, obscene, or otherwise illegal. The Client agrees to respect the moral rights of BBN Studio and to use the images in a manner that aligns with the intended purpose of the Contract.
5. g: Exclusive Rights of BBN Studio:
BBN Studio retains exclusive rights to use, display, and distribute the images for portfolio purposes, promotional activities, and any other lawful uses. The Client acknowledges that BBN Studio may showcase the images on their website, social media platforms, or in other promotional materials to demonstrate their work. The Client agrees not to interfere with BBN Studio's rights to use the images and content created by BBN Studio as outlined in this agreement.
BBN Studio retains exclusive rights to use, display, and distribute the images for portfolio purposes, promotional activities, and any other lawful uses. The Client acknowledges that BBN Studio may showcase the images on their website, social media platforms, or in other promotional materials to demonstrate their work. The Client agrees not to interfere with BBN Studio's rights to use the images and content created by BBN Studio as outlined in this agreement.
5. h: Dispute Resolution:
Any disputes regarding the copyright or usage of the images and content created by BBN Studio will be resolved through mediation or arbitration, as agreed upon by both parties. The Client and BBN Studio agree to make a good-faith effort to resolve any disputes amicably before resorting to legal action. If mediation or arbitration is unsuccessful, the parties may pursue legal remedies in accordance with applicable laws.
Any disputes regarding the copyright or usage of the images and content created by BBN Studio will be resolved through mediation or arbitration, as agreed upon by both parties. The Client and BBN Studio agree to make a good-faith effort to resolve any disputes amicably before resorting to legal action. If mediation or arbitration is unsuccessful, the parties may pursue legal remedies in accordance with applicable laws.
5. i: Legal Consequences of Unauthorized Use:
The Client understands that any unauthorized use of the copyrighted materials may result in legal consequences. This includes potential claims for damages, injunctions to prevent further unauthorized use, and any other remedies available under copyright law. The Client agrees to take all necessary steps to prevent unauthorized use and to cooperate with BBN Studio in addressing any infringements.
The Client understands that any unauthorized use of the copyrighted materials may result in legal consequences. This includes potential claims for damages, injunctions to prevent further unauthorized use, and any other remedies available under copyright law. The Client agrees to take all necessary steps to prevent unauthorized use and to cooperate with BBN Studio in addressing any infringements.
5. j: Indemnification:
The Client agrees to indemnify and hold harmless BBN Studio against any claims, damages, or expenses arising from the Client's unauthorized use of the copyrighted materials. This includes, but is not limited to, legal fees, court costs, and any settlements or judgments resulting from copyright infringement claims. The Client acknowledges their responsibility to use the images in accordance with the terms of this agreement and to respect BBN Studio's intellectual property rights.
The Client agrees to indemnify and hold harmless BBN Studio against any claims, damages, or expenses arising from the Client's unauthorized use of the copyrighted materials. This includes, but is not limited to, legal fees, court costs, and any settlements or judgments resulting from copyright infringement claims. The Client acknowledges their responsibility to use the images in accordance with the terms of this agreement and to respect BBN Studio's intellectual property rights.
5. k: Usage Rights:
The Client is granted a non-exclusive, perpetual, worldwide license to use the delivered images for their intended purposes. These purposes include, but are not limited to:
The Client is granted a non-exclusive, perpetual, worldwide license to use the delivered images for their intended purposes. These purposes include, but are not limited to:
1. Website and online store
2. Social media platforms (e.g., Facebook, Instagram, Twitter)
3. Print advertising (e.g., magazines, newspapers, flyers)
4. Digital marketing campaigns (e.g., email newsletters, online ads)
5. Marketing materials (e.g., posters, banners, business cards)
6. Brochures and catalogs
7. Packaging and product labels
8. Trade shows and exhibitions
9. Internal presentations and training materials
The Client is permitted to resize, crop, and make minor adjustments to the images as needed for their intended use. However, any significant alterations or edits that change the fundamental nature of the images must be approved in writing by BBN Studio.
The Client may not sell, sublicense, or transfer the usage rights to any third party without the prior written consent of BBN Studio. This includes, but is not limited to, selling the images as stock photography or including them in products for resale.
In the event that the Client wishes to negotiate additional usage rights beyond those specified in this contract, such as exclusive rights or rights for high-volume commercial distribution, a separate agreement and additional fees may apply.
The Client agrees to credit BBN Studio wherever the images are used, when feasible, with the following credit line: "Photo by Bound By Nature Studio." Failure to provide proper credit may result in additional fees.
By entering into this contract, both parties acknowledge and agree to the terms outlined in this Usage Rights section.
6. Disputes
In the event of any dispute arising from or in connection with this contract, both parties agree to make a good faith effort to resolve the matter amicably through direct communication and negotiation. If a resolution cannot be reached through these informal means, the dispute shall be submitted to mediation before a mutually agreed-upon mediator. Mediation is a process in which both parties work with a neutral third party to reach a voluntary, negotiated resolution. The costs of mediation will be shared equally between the parties.
Should mediation fail to resolve the dispute, the matter will then be settled through binding arbitration in accordance with the rules of the American Arbitration Association. Arbitration is a more formal process where a neutral arbitrator or a panel of arbitrators will make a decision after hearing both sides' evidence and arguments. The decision of the arbitrator(s) will be final and binding on both parties. The location of the arbitration shall be Wilmington, North Carolina, unless both parties agree to a different location in writing.
Each party will be responsible for its own costs and attorney's fees incurred during the arbitration process. However, the costs of the arbitrator(s) and any administrative fees will be shared equally by both parties.
Furthermore, both parties agree that any arbitration will be conducted on an individual basis and not as a class, collective, or representative action. The arbitrator(s) shall have no authority to consider or resolve any claims or disputes on a class, collective, or representative basis.
By entering into this contract, both parties waive the right to a trial by jury or to participate in a class action. This Disputes section shall survive the termination or expiration of this contract.
7. Limitation of Liability
This Limitation of Liability Agreement ("Agreement") is made as part of the Product Photography Contract ("Contract") between BBN Studio and the Client, effective as of the date of the Contract. The intent of this Agreement is to limit BBN Studio's liability to the maximum extent permitted by law.
7. a: Scope of Liability
BBN Studio's liability for any claim arising from the services provided under this Contract is limited to the amount paid by the Client to BBN Studio. This limitation applies to all claims, whether based on breach of contract, tort (including negligence), or any other legal theory.
BBN Studio's liability for any claim arising from the services provided under this Contract is limited to the amount paid by the Client to BBN Studio. This limitation applies to all claims, whether based on breach of contract, tort (including negligence), or any other legal theory.
7. b: Client Dissatisfaction
BBN Studio is not responsible for any dissatisfaction with the final images, provided the services were performed to a commercially reasonable standard. The Client understands that photography is a subjective art form, and that BBN Studio's style and interpretation are unique. The Client acknowledges that they have reviewed BBN Studio's portfolio and are familiar with their work.
BBN Studio is not responsible for any dissatisfaction with the final images, provided the services were performed to a commercially reasonable standard. The Client understands that photography is a subjective art form, and that BBN Studio's style and interpretation are unique. The Client acknowledges that they have reviewed BBN Studio's portfolio and are familiar with their work.
7. c: Loss or Damage to Products
BBN Studio is not liable for any loss or damage to the products during the photography session, except in cases of gross negligence or willful misconduct by BBN Studio. The Client is responsible for ensuring that all products are insured against loss or damage. The Client should provide detailed handling instructions to BBN Studio to minimize the risk of damage.
BBN Studio is not liable for any loss or damage to the products during the photography session, except in cases of gross negligence or willful misconduct by BBN Studio. The Client is responsible for ensuring that all products are insured against loss or damage. The Client should provide detailed handling instructions to BBN Studio to minimize the risk of damage.
7. d: Indirect Damages
BBN Studio is not responsible for any indirect, incidental, or consequential damages arising from the services provided, including but not limited to loss of profits, revenue, or data. This limitation applies even if BBN Studio has been advised of the possibility of such damages. The Client agrees that BBN Studio's total liability for any claims shall not exceed the total amount paid by the Client for the services.
BBN Studio is not responsible for any indirect, incidental, or consequential damages arising from the services provided, including but not limited to loss of profits, revenue, or data. This limitation applies even if BBN Studio has been advised of the possibility of such damages. The Client agrees that BBN Studio's total liability for any claims shall not exceed the total amount paid by the Client for the services.
7. e: Force Majeure
BBN Studio is not liable for any delays or failures in performance resulting from circumstances beyond BBN Studio's control, including but not limited to natural disasters, acts of war, governmental restrictions, labor disputes, or other force majeure events. In such cases, BBN Studio will make reasonable efforts to reschedule the services. The Client agrees to cooperate with BBN Studio to find a mutually acceptable alternative date.
BBN Studio is not liable for any delays or failures in performance resulting from circumstances beyond BBN Studio's control, including but not limited to natural disasters, acts of war, governmental restrictions, labor disputes, or other force majeure events. In such cases, BBN Studio will make reasonable efforts to reschedule the services. The Client agrees to cooperate with BBN Studio to find a mutually acceptable alternative date.
7. f: Technical Issues
BBN Studio is not responsible for any technical issues related to equipment failure, software malfunctions, or other unforeseen technical problems that may affect the quality or delivery of the images. BBN Studio will make reasonable efforts to resolve any technical issues promptly. The Client understands that despite best efforts, technical issues may arise that are beyond BBN Studio's control.
BBN Studio is not responsible for any technical issues related to equipment failure, software malfunctions, or other unforeseen technical problems that may affect the quality or delivery of the images. BBN Studio will make reasonable efforts to resolve any technical issues promptly. The Client understands that despite best efforts, technical issues may arise that are beyond BBN Studio's control.
7. g: Intellectual Property Infringement
BBN Studio is not liable for any claims of intellectual property infringement arising from the use of third-party elements in the images, such as trademarks, logos, or copyrighted material. The Client is responsible for ensuring that all elements included in the products are free from infringement claims. The Client agrees to indemnify and hold harmless BBN Studio against any such claims.
BBN Studio is not liable for any claims of intellectual property infringement arising from the use of third-party elements in the images, such as trademarks, logos, or copyrighted material. The Client is responsible for ensuring that all elements included in the products are free from infringement claims. The Client agrees to indemnify and hold harmless BBN Studio against any such claims.
7. h: Confidentiality
BBN Studio agrees to treat all information provided by the Client as confidential and will not disclose any such information to third parties without the Client's prior written consent. The Client agrees to provide all necessary information to BBN Studio to facilitate the completion of the services.
BBN Studio agrees to treat all information provided by the Client as confidential and will not disclose any such information to third parties without the Client's prior written consent. The Client agrees to provide all necessary information to BBN Studio to facilitate the completion of the services.
7. i: Dispute Resolution
Any disputes arising from this Contract will be resolved through mediation or arbitration, as agreed upon by both parties. The parties agree to make a good-faith effort to resolve any disputes amicably before resorting to legal action. If mediation or arbitration is unsuccessful, the parties may pursue legal remedies in accordance with applicable laws.
Any disputes arising from this Contract will be resolved through mediation or arbitration, as agreed upon by both parties. The parties agree to make a good-faith effort to resolve any disputes amicably before resorting to legal action. If mediation or arbitration is unsuccessful, the parties may pursue legal remedies in accordance with applicable laws.
7. j: Waiver and Severability
Failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. If any provision of this Agreement is found to be unenforceable or invalid, the remaining provisions will remain in effect. The parties agree to negotiate in good faith to replace any invalid or unenforceable provision with a valid and enforceable one that achieves the intended purpose.
Failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. If any provision of this Agreement is found to be unenforceable or invalid, the remaining provisions will remain in effect. The parties agree to negotiate in good faith to replace any invalid or unenforceable provision with a valid and enforceable one that achieves the intended purpose.
8. General Conditions
These Terms of Service shall be governed by and interpreted in accordance with the laws of the state of North Carolina, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the state of North Carolina or federal courts located in Wilmington, North Carolina with respect to any dispute or claim arising out of or in connection with the Terms of Service.
8. a: The Client acknowledges and agree that BBN Studio may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on BBN Studio’s website, available at https://www.boundbynaturestudio.com/terms-conditions and such amendments to the Terms of Service are effective as of the date of posting. The Client’s continued use of the services after the amended Terms of Service are posted to BBN Studio’s website constitutes agreement to, and acceptance of, the amended Terms of Service. If the Client does not agree to any changes to the Terms of Service, they are free to choose to no longer use the service or place any orders with BBN Studio.
8. b: The Client may not use BBN Studio website for any illegal or unauthorized purpose. The Client will comply with all applicable laws, rules and regulations in any use of BBN Studio's website. The Client agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website.
8. c: The Client understand that personal identification information, which may include the Client’s name, business name, contact information and other information the Client may provide to BBN Studio (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
8. a: The Client acknowledges and agree that BBN Studio may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on BBN Studio’s website, available at https://www.boundbynaturestudio.com/terms-conditions and such amendments to the Terms of Service are effective as of the date of posting. The Client’s continued use of the services after the amended Terms of Service are posted to BBN Studio’s website constitutes agreement to, and acceptance of, the amended Terms of Service. If the Client does not agree to any changes to the Terms of Service, they are free to choose to no longer use the service or place any orders with BBN Studio.
8. b: The Client may not use BBN Studio website for any illegal or unauthorized purpose. The Client will comply with all applicable laws, rules and regulations in any use of BBN Studio's website. The Client agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website.
8. c: The Client understand that personal identification information, which may include the Client’s name, business name, contact information and other information the Client may provide to BBN Studio (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
9. Cancelation Policy:
Nonrefundable Deposit:
The Client acknowledges and agrees that the first payment made to BBN Studio to finalize the photoshoot date is considered a nonrefundable deposit to BBN Studio in order to secure their photoshoot date.
9. a: If the Client wishes to cancel a photoshoot date before the first payment has been made, they have the right to do so without a cancelation fee.
9. b: If the Client no longer wishes to proceed once the first payment is made, they are at no obligation to make the second payment, however the Client agrees the second payment must be made before or on the finalized Content Delivery date on their invoice in order to receive their final Content Delivery on any Services.
9. c: Once the final Content Delivery has been made, the Client forfeits their right to a refund. All sales are final.
The Client acknowledges and agrees that the first payment made to BBN Studio to finalize the photoshoot date is considered a nonrefundable deposit to BBN Studio in order to secure their photoshoot date.
9. a: If the Client wishes to cancel a photoshoot date before the first payment has been made, they have the right to do so without a cancelation fee.
9. b: If the Client no longer wishes to proceed once the first payment is made, they are at no obligation to make the second payment, however the Client agrees the second payment must be made before or on the finalized Content Delivery date on their invoice in order to receive their final Content Delivery on any Services.
9. c: Once the final Content Delivery has been made, the Client forfeits their right to a refund. All sales are final.
10. Payment Policy:
The Client acknowledges and agrees to pay BBN Studio through direct deposit, check, Venmo, or PayPal in a timing manner in order to keep production running smoothly.
10. a: The Client agrees the total payment of Services will be divided into two equal payments. The Client agrees the first payment will be made in order to establish the finalized photoshoot date and the second payment will be made in order to continue production in the retouching phase and to finalize the Content Delivery date in order to receive their final Content Delivery.
10. a: The Client agrees the total payment of Services will be divided into two equal payments. The Client agrees the first payment will be made in order to establish the finalized photoshoot date and the second payment will be made in order to continue production in the retouching phase and to finalize the Content Delivery date in order to receive their final Content Delivery.